how high of a bar is that, how hard is it to prove that someone like james holmes is in fact insane? >> well, the point is that the defense doesn't have to prove insanity. so once the defense raises will issue, if it's an issue in the case and there's some evidence of insanity, the prosecution has to prove beyond a reasonable doubt that he wasn't insane. so no matter what the bar in, a case with this magnitude of publicity, the prosecution has to prove beyond a reasonable doubt. i think you've seen the machine star rolling. and that is that issues like premeditation and thoughtful planning and kind a script that this defendant had done things leading up to this which kind of rolls into the idea of premeditation rather than some act that's abhorrent or much outside the scope, kind of the intent of the normal defendant tried here. so the people will prove if they can, you know, that this wasn't an act springing from some diseased mind, but, rather, little act of premeditation planning thoughtful, careful act which is indicate this wasn't the act of a diseased mind. >> gary, do defendan